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Consent COMMON LAW
Introduction
The issue is whether [NAME1] can avoid the contract of [Issue]
To successfully avoid the contract, [NAME1] must prove that there was a lack of
consent, capacity, legality and/or formality when making the contract.
*or
Wheth

If a single judge of the Federal Court, at first instance, declared that a section of
the Competition and Consumer Act 2010 (Cth) had a certain meaning, would the Federal
Magistrates Court be bound by the Federal Courts decision?
Which is the best answer?

Tutorial Questions
Directors Duties
1.
Who may be regarded as an officer of a company? See s 9
2.
Who may be regarded as a director of a company? See s9
3.
What is meant by an executive director, and a non-executive director?
4. Why did the court decide t

LAW OF INVESTMENTS AND FINANCIAL MARKETS
Tutorial Questions
Tutorial 1 Revision / Introduction to Basic Legal Concepts
1.
2.
3.
4.
5.
6.
What is law?
What is criminal law?
What is civil law?
What are the similiarities and differences between law making th

Where did law come from?
Common law
Australias laws and legal system are based on the English common law system.
English law is a significant part of the law of Australia. (USA Canada New Zealand Singapore Malaysia)
Source of law
Legislative Parliament
Ex

3 Tort of Defamation
Defamation is the publication by the defendant to a third party, in spoken (slander) or
written (libel) form of a FALSE statement about the plaintiff that would damage the
plaintifs reputation. Tort of defamation can only apply if the

CHAPTER 1
Law set of enforceable rules through prosecution or litigation made by state & judges
Are rules which can become social norms (and impact personal life)
Biz law regulates conduct & formation of biz
Public Law
Private Law
Law introduced by parlia

TOPIC 2: RULES OF A COMPANY
You advise her that it is normal for the company to have a rule book (see Form 201)
which will set out the rules and procedures relating to running the company and set
out the rules for members and operators.
Julie has the foll

QUESTION TWO
Howard, an architect, advertises his home in the Melbourne Property Guide. The
advertisement reads:
For sale - architects beautiful three bedroom home in most desirable position.
Phone 444-5555 for inspection.
Roxanne, a work associate of How

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LAW2442 Commercial Law
Week 12 Revision Tutorial Problems
For the week 12 tutorial, please prepare answers to the following problems.
1.
Johnny decided to order organic fruit for his restaurant from a new supplier, George. When
he reads through the term

Question 1
Sam Hua runs a mens hairdressing business. He advertises on TV and radio a new hair and
scalp cream called Hair Galore which is designed to stop men from going bald. He
advertises it for $1,000 a bottle. In the advertisement, Sam Hua states tha

CommercialLawLAW2442
Week 1. Introducing the Law
1. Law and life
2. The nature of Law
Law is;
The set of rules
made by the state, and
enforceable by the prosecution of litigation
Business law: is the set of rules regulating businesses and business acti

CONTRACT - VITIATING FACTORS (clause that impairs a contract in part or full, or makes it
voidable)
There are 4 main factors, which can affect the enforceability of a contract.
INCAPACITY Lack of capacity which may characterize a contracting party.
A pers

Causing Harm: Negligence and Negligent Misstatement
1. Outline the elements necessary to prove to succeed in the tort of negligence.
2. How do we test whether one person owes another person a duty of care?
3. Sinh is a student at RMIT University. The fema

HOW TO FORM A CONTRACT
Under common law, a contract is a legally binding and enforceable
agreement. 4 Elements of a contract formation: 1) Intention to be bound/
Intention to create a legal relationship, 2) Consideration, 3) Capacity, 4)
Agreement Offer a

Topic Six
Contents of Contract
Exclusion Clauses
Chapter 4 page 190
Discharge of page 313
a Contract,
Chapter 6
Remedies
RMIT University
Slide 1
Exclusion Clauses
What are they?
Why do they exist?
Term of contract
Exclude or limit liability of party in b

Internal Rules for the Company
Reference: Chapter 9
Case Study
Julie is now happy with the need to have a company to run
her business. On your advice she agrees that the best choice
is a proprietary company. As you complete the application
form to incor

The Tyson Report on the
Recruitment and Development
of Non-Executive Directors
A report commissioned by the Department of
Trade & Industry following the publication of the
Higgs Review of the Role and Effectiveness of
Non-Executive Directors in January 20

Week 4. Negligence
Carelessly causing harm
Tort of Negligence
A person commits the tort of negligence if they carelessly cause harm to another
person.
Negligence is by far the most common tort: most acts that cause harm to other
people are the result of

Business Law Practice Questions
MULTIPLE CHOICE (answers at bottom of page)
1.
Paul filed a lawsuit for false imprisonment against Dans Bookstore. During a visit to Dans Bookstore, Dan stopped Paul as he left the store. Dan accused Paul of stealing a book

The Commonwealth Parliament has passed legislation in areas of law that relate to business activities. One
Commonwealth statute that regulates commercial and business activities is the Competition and Consumer Act 2010
(Cth) (CCA).
Which one of the follow

Australian Consumer Law
Define
Consumer
Is [NAME] a consumer?
Under s3 of ACL, a person is a consumer when the goods/services
they bought cost:
- more than $40,000
- Less than $40,000, but the goods/service are of a kind ordinarily
acquired for personal,

Topic 2 Questions
The Tort of Negligence, the Tort of Negligent Mis-statement
and Introduction to Contract
1.
How do we test whether one person owes another person a duty of care?
*Feedback on 1. Above
The neighbour test, which originated in Lord Atkins j

+
Which of the following answers best describes the general steps involved
in making an Act?
a The draft of a proposed new statute, called a Bill, is presented three
.
times to each house of Parliament, where it is debated on its general
purpose and speci

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RMIT
COMMERCIAL LAW
LAW2442
Weekly Tutorial Problems
Semester 1, 2015
2
Week 2 (CH1) Introducing the Law
1.
How would you define the law? A system of rules made by the state and
enforceable by prosecution or litigation (page 8 of text)
2. In what ways d

1/6/2016
Chapter 1
Introducing the law
Chapter 1 | Introducing the law
1.
2.
3.
4.
5.
Law and life
The nature of law
Justice, ethics and politics
The sources of law
The Australian legal system
Law and life
Chapter 1
Introducing the law
1
1/6/2016
You alre

COMMERCIAL LAW PAST SEMESTER EXAM QNS
QUESTION
Eloise takes an expensive dress in the dry cleaners and a leather handbag to the adjoining boot master for
dyeing. On each occasion she is handled a ticket with regards to the goods she has left behind. In th

TORTS OF NEGLIGENCE OUTLINE:
(Elements: Duty, Breach, Factual Causation, Scope of Liability, Remoteness Damages)
I.
DUTY
(A duty of care is only owed to someone who is a neighbour at law and in order to establish the duty of care,
the P must establish tha

Commercial Law Summary
Introducing The Law
Defining the Law
The law is a set of rules made by the state and enforceable by prosecution or litigation
See definitions for prosecution and litigation.
Definition of Business Law
The set of rules regula